Bonum Certa Men Certa

Unitary Patent (UPC) Will Start “Real Soon” Now... Said Team UPC For So Many Years

Related: New Paper Demonstrates That Unitary Patent (UPC) is Little More Than a Conspiracy of Patent 'Professionals' and Their Self Interest

Iraqi information minister



Summary: The Unitary Patent or Unified Patent Court Agreement (UPCA) is going nowhere fast, but those who spent time and money promoting it for self gain continue to lie to the press with overly optimistic predictions, unrealistic timelines, and Kool-Aid about the supposed 'benefits' of the Unified Patent Court (UPC)

SEEING some of the latest developments surrounding the mythical Unified Patent Court (UPC) is... well, pleasing to say the least. It was inevitably going to happen. It was going to blow up. The nonchalance and self-deception of Team UPC was all along in vain. All it accomplished is, clients came for bad advice (notably on UPC) and maybe even fell for it.



Writing to us about the UPC discussion, one reader told us: "Do you remember the former Iraqi information minister who gained a lot of (doubtful) fame for his bizarrely distorted statements during the third gulf war (see this)? Why am I suddenly reminded of this when reading some claims made in the UPC context?"

Earlier today we saw decent publications such as IP Watch actually quoting the serial liars from Bristows regarding the UPC. Don't they know that Bristows staff will lie for profit? Even fabricate news (fake news) for the sake of the UPC?

Watch their cognitive dissonance in the wake of the election that led to May's coalition of chaos (possibly irreconcilable):

“We see no signs that the new political landscape is going to have any impact on the government’s plans concerning the UPC as they were prior to the election,” Rey-Alvite Villar told Intellectual Property Watch. The Conservative government is essentially the same, so there’s no reason why it would take a different position from the last government, he said.


Rey-Alvite Villar is not British and he works for a firm that's part of the UPC conspiracy. Why even quote these people on this subject?

A more balanced interpretation of the situation came from Thorsten Bausch (Hoffmann Eitle), who said this:

"My own interpretation (and at this point this is mere speculation, but too tempting not to mention it!) is that the Bundesverfassungsgericht’s request to the President is based on the pending constitutional appeals against the EPO on which I wrote earlier in this blog. If the Bundesverfassungsgerichts is of the preliminary view that any of the pending four constitutional complaints may have merit, it would make eminent sense to request the President, at least for the time being, not to sign the UPCA ratification bills and first await the Federal Constitutional Court’s decision on these appeals, in order not to create faits accomplis. The decisions on these four appeals are expected later this year, but an exact point in time has not yet been defined."


We don't know who filed the complaint, but we can guess. We still inquire about it.

Benjamin Henrion, who thinks that Dr. Ingve Björn Stjerna may have initiated it all, asked, "German companies and citizens will also have to rely on non-legally binding automated translations from English?"

The UPC is undesirable for all sorts of reasons. Very few would benefit from it at the expense of the large majority of individuals and companies.

Regarding Brexit, one person wrote: "Correct from the UK point of view - we leave in interesting times."

Leaving the UPC Agreement (UPCA) and possibly the EU as well.

Here is another new comment about it:

Does anyone know how long the Bundesverfassungsgericht will take to provide a ruling in this case? Indeed, is there any possibility for the proceedings to be accelerated, for example in view of the upcoming Brexit deadline?

I have not yet seen anyone seriously suggest that the UK can ratify the UPC after Brexit. However, if the BVerG takes as long with this case as is has done with the pending complaints relating to EP patents, then we could end up considering that very question in great detail.


The combination of the General Election, Brexit, and now the barriers at Europe's largest economy may prove lethal. Even pro-UPC publications such as IAM have begun expressing the view that UPC might never happen. At all! We gave some quotes and examples yesterday.

As we have been pointing out quite a few times, many views that are sceptical of or hostile towards the UPC are being deleted by Team UPC. There is an aggressive campaign of deception. They think they are fighting an information war in which all means at their disposal are permissible. We last wrote about the censorship 2 days ago.

In a censorship-rich thread about the UPC (at IP Kat, where many comments mysteriously fall into a hole) someone is now speaking of "problems with the current UPC agreement," stating that "everyone agrees that the current agreement would need to be amended..."

Squire Patton Boggs' Florian Traub and Gillian M. Dennis wrote this article about it in which they conclude that the German Federal Constitutional Court "could prevent the launch of the Unified Patent Court and Unitary Patent regime in its current form altogether..."

Here is the concluding part: "The ratification of the Unified Patent Court Agreement (UPCA) by Germany is likely to be delayed, knocking back, perhaps significantly, the launch date of the Unified Patent Court and Unitary Patent. It is expected that the Court will issue an order regarding the constitutional complaint in the next 6 months, raising the prospect of a delay of the Unified Patent Court and Unitary Patent into the first part of 2018. That presupposes, of course, that the complaint ultimately fails or the legislation can be remedied following directions by the Court. If however the Court finds the legislation unconstitutional in its entirety, it could prevent the launch of the Unified Patent Court and Unitary Patent regime in its current form altogether, as the regime cannot come into effect until Germany has ratified the UPCA."

The European Union without United Kingdom cannot go ahead with UPC. As someone in the commens put it, the "current agreement wouldn't enable the UK to stay in the UPC after Brexit"; Well, this is why it's practically dead. The UPC in its current form says "UK" and "London" in it. If the UK won't participate, then they need to rewrite the whole thing and restart the ratification process in every single member states. This can take years. And who knows what might happen in the mean time...

Here is one of the latest comments on the matter:

If G&P are to be believed (and I take this to be your position), the UPC - if it came into being under the provisions of the current UPC Agreement - would not form part of the national legal order of EU Member States. This means that bringing the UPC into being under the current Agreement would create a court that is not able to refer questions to the CJEU. This is because there would simply be no legal basis for the UPC to make such references.

The situation would be different if G&P were wrong in the sense that, under the current Agreement, the UPC would actually form part of the national legal order of EU Member States. In that event, the UPC could rely upon the authority of Article 267 TFEU to make references to the CJEU. The flip side of this, however, is that it would be impossible for the UK to continue to participate in the current UPC Agreement post-Brexit...

In other words, you can't have your cake and eat it.


The response to the above says this:

...you are still talking about the current UPC agreement.

Why?

Everyone agrees that the current agreement wouldn't enable the UK to stay in the UPC after Brexit. Everyone agrees that it therefore needs to be amended.

In those circumstances, I think it's rather irrelevant to take an abstruse point about whether the UPC (under the current agreement) would form part of the legal order of national EU states.

But I think where G&P are coming from, perhaps, is that the UPCA is an international agreement, which doesn't naturally form part of the EU legal order in and of itself. Currently it gets that status by reason of being a court common to a number of EU member states, and only EU member states. But it would lose that status when one of the states leaves the EU. Amendments are then required so that the EU legal order continues to apply in some other way.


Again, this can take a very long time and there is no guarantee that politicians will offer consent to the said amendments. The UPCA is basically stuck again and there is no imminent redemption, irrespective of what the UK does next.

Recent Techrights' Posts

Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
 
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
"But Corruption is Everywhere"
"We'll always have Polio..."
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025